Mosesian v. Pennwalt Corp.

Opinion

BALLANTYNE, J.

Introduction

The instant action arose after Charles Mosesian allegedly suffered crop losses on Madera grapevines in 1979 from application of Kryocide pesticide. Defendant Pennwalt Corporation (hereafter Pennwalt) manufactured and defendant Helena Chemical Company (hereafter Helena) sold the Kryocide.

The six-week jury trial ended with a defense verdict. The trial court then granted the plaintiff’s motion for a new trial on the ground that prejudicial hearsay statements from outside experts were brought into evidence through the testimony of Pennwalt’s primary expert…